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Tag: jurisdictional wetlands

February 24, 2016

PLF files Respondents' Brief in Hawkes

Today, Pacific Legal Foundation filed its Respondents’ Brief on the merits in United States Army Corps of Engineers v. Hawkes Co., Inc. The Supreme Court of the United States will hear oral arguments in the case on Wednesday, March 30, 2016. PLF advances property rights cases for Supreme Court review in order to protect the constitutional ...

October 12, 2015

The gavel is down: the High Court is in session

As is its tradition, the Supreme Court began its new Term on the first Monday in October. In the weeks leading up to that day, many organizations host "preview" events (especially in Washington, DC) with leading Supreme Court advocates and other legal experts to discuss the most important cases the Court has agreed to hear. ...

October 02, 2015

President's weekly report — October 2, 2015

Endangered species — Utah prairie dog Oral argument was held this week in People for Ethical Treatment of Property Owners v. United States Fish & Wildlife Service, the case where we are challenging the right of the federal government to regulate the Utah prairie dog, a rodent that lives only in the State of Utah ...

September 16, 2015

Road to the Supreme Court: PLF’s Todd Gaziano on MSNBC’s “GREENHOUSE” Thursday to talk about Kent and Hawkes

Todd Gaziano, Executive Director of PLF's DC Center joined Tony Dokoupil, host of MSNBC's GREENHOUSE to talk about two important environmental cases that PLF hopes the Supreme Court will grant review. MORE: Clean Water Act case gets another boost in the Supreme Court of the United States The cases discussed were Kent Recycling v. Corps of ...

February 10, 2015

You're in the Army now: don't follow the rules

Under the Clean Water Act, the United States Army Corps of Engineers regulates wetlands throughout the nation.  Owners must obtain a permit from the Corps to develop, build upon, or otherwise alter their properties, if those properties contain “jurisdictional wetlands.”  The Corps’ rules specifically exclude from the permit ...

January 27, 2011

The Ninth Circuit backtracks under Rapanos

Author:  Damien M. Schiff Yesterday, the Ninth Circuit Court of Appeals issued an amended opinion in Northern California Riverwatch v. Wilcox, 620 F.3d 1075 (9th Cir. 2010).  The decision, originally issued last summer, concerned the scope of the phrase "under Federal jurisdiction" as it is found in Section 9 of the Endangered ...